By Anthony Rifilato
In an effort that could pit neighbor against neighbor, more than 50 residents who live along the Grand and West End canals attended a May 16 meeting in Baldwin Park at which an attorney proposed taking legal action against agencies or municipalities because of the poor condition of the waterways.
The canals are empty for two six-hour periods before and after low tide each day, and desperately need to be dredged, residents said. The potential legal action is the next step after years of community-based initiatives to solve what has become a major issue in Baldwin Harbor.
Last year, following years of lobbying by residents to create a special benefit district - in which residents would tax themselves in order to have the canals dredged, and for other repairs - the initiative was dealt a blow when some residents voted against the plan. Others said the voting process was flawed and poorly organized by the Town of Hempstead, which many believe resulted in the measure's defeat.
The attorney at the recent meeting, Howard Schwartz, said that if residents decide to take legal action, it could make local politicians take notice again. "It will be a civil suit," said Schwartz after the meeting. "There's also the possibility that once the lawsuit is brought forward, it may force better communication with the government. Everybody is now on certain timetables. Sometimes, once a lawsuit is brought, it forces parties to deal with the situation."
Just who those parties may be remains to be seen, although many peg most of the blame squarely on the town. Many say that storm water runoff carrying silt and pollutants from roadways into the canals through a Town of Hempstead storm drain has resulted in years of sediment buildup and a foul smell.
The other main issue that a lawsuit would address is what many say is the lack of enforcement by the municipality against homeowners who do not maintain their bulkheads, which are intended to block erosion. The deteriorating bulkheads are another reason for the poor condition of the canals. If not addressed, resident Sandy Camenzuli warned after the meeting, they could collapse, like bulkheads along East Rockaway's Thixton Creek did last year, displacing some homeowners.
"In the 33 years that I've lived here, the canals have become more shallow and progressively worse," said resident Jimmy Gallo after the meeting.
Gallo said that a lawsuit now seems like residents' only alternative. "If you don't do anything it's not going to get done," he said. "I think there's enough people on the canal that would make this go forth, even if everyone had to spend the money. There's going to be a lot of people who want to jump on board."
Schwartz said that drainage issues and a lack of bulkhead enforcement must be looked into before any lawsuit is filed, to determining who is responsible for the problems. "The parameters [of a lawsuit] have not been decided," he said after the meeting. "There are multiple issues as to who's responsible for the buildup in the canal."
The condition of the canals has been an issue among residents for a long time. Many say they do not have the benefits of living on waterfront property, even though they're being taxed as if they did. "The residents are entitled to some tax abatement," Schwartz said. "The main desire of the constituents is that the government rectify a problem that [it] caused."
Resident Frank Thomas said that dredging the canals could cost over $1 million, but he added that other municipalities, like Freeport, assist homeowners in maintaining bulkheads and help enforce codes. "They have laws that we would like to have here too," said Thomas. "It would give the taxpayer a street that they're paying for."
Because the canals are privately owned, the Town of Hempstead has said in the past that it is prohibited by law from spending funds to improve private property, including dredging. But many say that ownership of the canals is a gray area, and is not listed on residents' deeds in some cases. "There's never been any proof that we own them," said one resident who asked not to be named.
A spokesperson for the town said that it was premature to comment on any lawsuit, since nothing has been filed.
Ultimately, residents would have to shoulder the legal costs of such a suit, and some residents who attended the May 16 meeting were divided over supporting the initiative. "People have tried and have had no results," said one frustrated woman. "We're still in the same place we are."
In the same room were neighbors who had voted for and against the creation of a benefit district, and at times the meeting grew heated. Others walked out in anger, saying that they have heard the same arguments over and over before.
Still others argued that residents who do not want to get involved with the lawsuit would still benefit, at the expense of those who do, since those who support the suit would sign retainers, either independently or as a group, and pay Schwartz for his services, at $200 an hour.
Schwartz, who is based in Brooklyn, said his involvement is not all about money, and that he usually charges more for his services. He grew up in Baldwin, and said the canals are an issue he feels strongly about. "I do feel a little bit personal about the situation," he said, adding that part of the reason he is involved is that the case is "unique and interesting."
"There are certainly a lot of families who want this to go forward," Schwartz said.
Still, some questioned the impact a drawn-out lawsuit could have. "What could you guarantee?" asked Thomas.
"The reality is there are no guarantees when you walk into a courtroom," Schwartz responded. "In the end, you want the canal dredged." He explained that a lawsuit could move the process along.
After the meeting, Thomas said he supported retaining Schwartz. He acknowledged, however, that some of his neighbors were less than enthusiastic about the suit.
Despite the mixed emotions and occasional finger-pointing among residents at the meeting, most seemed to agree with Schwartz that a lawsuit was the way to go. "I think right now, instead of venting at each other, we should decide what we're going to do," one man said.
Shortly afterward, with no decision made, many residents left, and went back to their homes along the canals.
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